PPI Reclaiming discussion Part II

tiggrae

marshallka wrote: »

She has sent it now today and singlep looked at it last night and ok'd it too. Just have to wait and see!!

yup, it's a pity because the rest of the letter is good !!

marshallka

tiggrae wrote: »

yup, it's a pity because the rest of the letter is good !!

Here is my post to help her

You need to write a similar letter to Freedom also like singlep says. I would also state in that letter that you will get in touch with the OFT about their fitness to hold their Consumer credit licence but please post it up here first for someone to look through.

You need to add also that they misrepresented their position to you (and are in breach of the misrepresentation act 1967) and acted as a broker when in fact they are now saying they were only the processor.

Also I think as the sale of the PPI was commenced here in the UK and the processor acted as an advisor and therefore this was an unfair contract.

A processor cannot be a broker and sell insurance. Freedom Finance are responsible for the sale of the PPI as it was done here in the UK.

Simone, any letter that you write now I would suggest you write to Freedom and copies to Bespoke by email (stating that a hard copy has been sent also).

I looked at the OFT register the other day and noted that Bespoke had listed that all correspondence be sent to Freedoms address. Therefore I don't think you should have to write to both address's. Its unfair to have to pay near on £5.00 per letter for recorded to GIB and also its not tracked and traced either. Once the letter leaves the UK there is no way of tracing mail to GIB. I will have to check on this one. Recorded to GIB is totally wasted i think.

Also state in your letter that once you had the loan as they have stated that this is from a company in GIB that you had little statutory protection as the laws are different in GIB and this then was an Unfair contract.

They will no doubt state to you this was a "non advised" sale and that they did not advise anything to you. Non advised sales of PPI did not start here in the UK until Jan 2005 and were introduced much later in GIB.



Have i advised wrong here tiggrae. I put that if the sale was commenced here in the uk and the processor acted as an advisor therefore this was an unfair contract??? (this was about the PPI ) but the ppi is on a loan contract along with the actual loan so that makes the whole contract unfair to me.

The processor acted as an advisor and misrepresented themselves therefore they created an unfair contract.

What is wrong in what has been said???

What would you have said then??

kenj_2

I have just received a letter from Barclays telling me that because my claim relates to PPI sold to me in 2000 I am "time barred". I though that the time started from when you become aware that the PPI was mis-sold (in my case Martins interview on GMTV). Is this the case???

kazc_2

Thanks for all your help.
k

di3004

kenj wrote: »

I have just received a letter from Barclays telling me that because my claim relates to PPI sold to me in 2000 I am "time barred". I though that the time started from when you become aware that the PPI was mis-sold (in my case Martins interview on GMTV). Is this the case???

Hi there hun
I may be wrong here but maybe they actually meant they were not covered then such as GISC (FSA had taken over these in Jan 2005), yet as Barclays is a bank I also assumed they were covered anyway, not unless its just banking complaints. (in other words the FOS will only look at certain complaints if these firms were covered by them at the time of taking out the product).

I am sure you will receive further feedback here hun and I may have mis read this the wrong way, but someone will advise you your best options here, good luck!

Di.
x

marshallka

kenj wrote: »

I have just received a letter from Barclays telling me that because my claim relates to PPI sold to me in 2000 I am "time barred". I though that the time started from when you become aware that the PPI was mis-sold (in my case Martins interview on GMTV). Is this the case???

They shoud not tell you you cannot complain. FOS can apply all sorts of rules to claims. Don't let it put you off.

tiggrae

kenj wrote: »

I have just received a letter from Barclays telling me that because my claim relates to PPI sold to me in 2000 I am "time barred". I though that the time started from when you become aware that the PPI was mis-sold (in my case Martins interview on GMTV). Is this the case???

what they are trying to do is put you off taking this further - 'time-barred' or the correct legal term is 'statute-barred' means it is beyond the 6 years allowed by the Statute of Limititations Act 1980 for the claim of a 'debt' but there are ways around it so don't give up - if they've put it as a final response then take your complaint to the FOS

mlucyminx

kenj wrote: »

I have just received a letter from Barclays telling me that because my claim relates to PPI sold to me in 2000 I am "time barred". I though that the time started from when you become aware that the PPI was mis-sold (in my case Martins interview on GMTV). Is this the case???

I have had a similar letter from barclaycard about ppi charges to my credit card. PPI was added in jan 2002 and i complained in may 2008. They said the same but did say it would be down to FOS. My claim already with FOS and it was them that had written to barclaycard. I am waiting with baited breath for response from FOS as this claim is for nearly £2k. i had letter from barclays on 11th September and havent heard from fos yet so am sincerely hoping that no news is good news.

I am hoping it is 6 years from becoming aware too

tiggrae

marshallka wrote: »

Here is my post to help her

You need to write a similar letter to Freedom also like singlep says. I would also state in that letter that you will get in touch with the OFT about their fitness to hold their Consumer credit licence but please post it up here first for someone to look through.

You need to add also that they misrepresented their position to you (and are in breach of the misrepresentation act 1967) and acted as a broker when in fact they are now saying they were only the processor.

Also I think as the sale of the PPI was commenced here in the UK and the processor acted as an advisor and therefore this was an unfair contract.

A processor cannot be a broker and sell insurance. Freedom Finance are responsible for the sale of the PPI as it was done here in the UK.

Simone, any letter that you write now I would suggest you write to Freedom and copies to Bespoke by email (stating that a hard copy has been sent also).

I looked at the OFT register the other day and noted that Bespoke had listed that all correspondence be sent to Freedoms address. Therefore I don't think you should have to write to both address's. Its unfair to have to pay near on £5.00 per letter for recorded to GIB and also its not tracked and traced either. Once the letter leaves the UK there is no way of tracing mail to GIB. I will have to check on this one. Recorded to GIB is totally wasted i think.

Also state in your letter that once you had the loan as they have stated that this is from a company in GIB that you had little statutory protection as the laws are different in GIB and this then was an Unfair contract.

They will no doubt state to you this was a "non advised" sale and that they did not advise anything to you. Non advised sales of PPI did not start here in the UK until Jan 2005 and were introduced much later in GIB.



Have i advised wrong here tiggrae. I put that if the sale was commenced here in the uk and the processor acted as an advisor therefore this was an unfair contract??? (this was about the PPI ) but the ppi is on a loan contract along with the actual loan so that makes the whole contract unfair to me.

The processor acted as an advisor and misrepresented themselves therefore they created an unfair contract.

What is wrong in what has been said???

What would you have said then??

it's just to me it doesn't make sense - it's the use of the words unfair contract - what do you mean by unfair contract ??? Under what specific piece of legisation do you mean - it can't be the Unfair Consumer Contract Terms Act 1999 - because by definition that is a claim against one (or more) specific contract terms, so I'm assuming you didn't mean that - so I'm just not sure what it was you were trying to say

di3004

Kenj

I had obviously mis read like I said, so like what Marshallka & Tiggrae says don't worry and don't let them put you off, you DO have the right to complain like you had already said on your post.;)

Good luck!
Di.
x